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2015 Supreme(Ker) 1135

P.B.SURESH KUMAR
Mohini – Appellant
Versus
B. Thimmappa – Respondent


Advocate Appeared:
For the Appellant :V.V. Asokan, Senior Advocate, K.I. Mayankutty Matherand P. Rahul, Advocates
For the Respondents:K.G. Balasubramanian, Advocate

JUDGMENT :

P.B. Suresh Kumar, J.

1. The plaintiffs in a suit for declaration of title and injunction is the appellant in this Second Appeal. The facts relevant for decision of the Second Appeal are the following:

Plaint A schedule property belonged to deceased Narayana Hegde, the husband of the first plaintiff and the father of plaintiffs 2 to 5. On the death of Narayana Hegde, plaint A schedule property devolved on the plaintiffs. Plaint B schedule property is situated on the south and east of plaint A schedule property. According to the plaintiffs, Narayana Hegde and the first plaintiff trespassed into plaint B schedule property during December, 1975 and reduced the same to their possession by constructing a common compound wall enclosing both plaint A and B schedule properties. The case of the plaintiffs is that they have perfected title to plaint B schedule property by adverse possession and limitation. It is alleged by the plaintiffs in the plaint that deceased Narayana Hegde and the first plaintiff had constructed a building also in plaint B schedule property. According to the plaintiffs, the first defendant attempted to demolish the compound wall of the plaint B schedule proper



















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